GOVERNMENT CONTRACTS

OGE Amends the Executive

OGE Amends the Executive Branch Gift Regulations continued from page 3 a qualifying gathering must “include an opportunity to exchange ideas and views among invited persons.” Social media “friends.” In a leap into the 21st century, the amended gift regulations now provide an example to illustrate when, and whether, a social media “friend” may be considered for purposes of the exception for “gifts based on a personal relationship.” The kernel of this very long example appears to be that, by itself, a virtual relationship is unlikely to be a “personal relationship” under the rule. As provided in the example, an agency employee—who uses a social media site to keep in touch with friends, coworkers, and professional contacts—is offered via the site a pair of $30 concert tickets by a government contractor whom the employee met at a business meeting. Although they have granted access to each other’s social media networks, they do not otherwise “communicate further in their personal capacities, carry on extensive personal interactions, or meet socially outside work.” The example concludes: “Although the employee and the individual are connected through social media, the circumstances do not demonstrate that the gift was clearly motivated by a personal relationship, rather than the position of the employee, and therefore the employee may not accept the gift pursuant to” the exception. Informational Materials. The new exception for “informational materials” permits an executive branch employee to accept “writings, recordings, documents, records, or other items” if the materials are “educational or instructive in nature” (they may not be primarily for entertainment, display, or decoration) and if the materials relate to the employees official duties, to a general subject matter within the purview of the employee’s agency, or to another topic of interest to the agency. The aggregate value of such informational materials received by an employee from any one person may not exceed $100 in a calendar year, unless the DAEO makes a written determination permitting acceptance of materials exceeding this $100 limit. None of these amendments radically alters the circumstances of when an executive branch employee may accept a gift from a “prohibited source”—that is, from someone seeking official action by, doing (or seeking to do) business with, or regulated by the employee’s agency, or who has interests that may be affected by the performance of the employee’s official duties. But, as in all government ethics matters, the devil is in the detail of application of the gift regulations to particular cases and scenarios. When a question arises, attorneys in Wiley Rein’s Election Law & Government Ethics Practice Groups are ready to assist you and your organization in understanding and complying with these rules. For more information, please contact: Robert L. Walker 202.719.7585 rlwalker@wileyrein.com Page 4 Government Contracts Issue Update

The government contracting process is ever confusing and complex. Seth tells everything that goes on behind the scenes in the federal contracting business. Having been in the government for almost seven years as a United States Air Force Officer working in Contracting you will get firsthand knowledge on how the contracting process works, what types of request for proposals your company needs to go after, and most importantly what are the mindsets of proposal evaluators and contracting officers.